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The 1976 Supreme Court case Gregg v. Georgia establishes a bifurcated trial. In the first trial the defendant is either found innocent or guilty of murder. If the person is found guilty then they have another trial in order to find out if they deserve the death penalty or not. In this trial they consider aggravating as well as mitigating factors. Positive mitigating evidence is when a defendant can try to persuade the jury that, although he may have committed a horrible crime he still has some qualities that warrant sparing his life. Negative mitigating evidence shows that although he did an unforgivable thing there are reasons that can be pointed to that play a decisive factor in making the defendant who he is. If there are more aggravating factors then most likely the person will receive the death penalty.

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